Filed: Apr. 29, 2014
Latest Update: Apr. 29, 2014
Summary: JUDGMENT IN FAVOR OF PLAINTIFF SHAPE CORP. AND AGAINST DEFENDANT AMONIX, INC. [22] DAVID O. CARTER, District Judge. WHEREAS, plaintiff Shape Corp. ("Shape") filed suit in the United States District Court, Central District of California, against Amonix, Inc. ("Amonix") for recovery of a unpaid balance of $89,000 that Amonix incurred in its dealings with Shape; WHEREAS, Shape and Amonix entered into an agreement on October 28, 2013 (the "Settlement Agreement"), to settle the Action for the unpa
Summary: JUDGMENT IN FAVOR OF PLAINTIFF SHAPE CORP. AND AGAINST DEFENDANT AMONIX, INC. [22] DAVID O. CARTER, District Judge. WHEREAS, plaintiff Shape Corp. ("Shape") filed suit in the United States District Court, Central District of California, against Amonix, Inc. ("Amonix") for recovery of a unpaid balance of $89,000 that Amonix incurred in its dealings with Shape; WHEREAS, Shape and Amonix entered into an agreement on October 28, 2013 (the "Settlement Agreement"), to settle the Action for the unpai..
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JUDGMENT IN FAVOR OF PLAINTIFF SHAPE CORP. AND AGAINST DEFENDANT AMONIX, INC. [22]
DAVID O. CARTER, District Judge.
WHEREAS, plaintiff Shape Corp. ("Shape") filed suit in the United States District Court, Central District of California, against Amonix, Inc. ("Amonix") for recovery of a unpaid balance of $89,000 that Amonix incurred in its dealings with Shape;
WHEREAS, Shape and Amonix entered into an agreement on October 28, 2013 (the "Settlement Agreement"), to settle the Action for the unpaid balance of $89,000 (the "Settlement Sum");
WHEREAS, pursuant to the Settlement Agreement, Shape agreed that if Amonix paid Shape an initial payment of five thousand dollars ($5,000) toward the Settlement Sum on or before November 30, 2013 (the "Initial Payment"), and a second payment of sixty-six thousand, two hundred dollars ($66,200) toward the Settlement Sum on or before March 31, 2014 (the "Second Payment"), then Shape would not require Amonix to pay the remaining seventeen thousand, eight hundred dollars ($17,800);
WHEREAS, pursuant to the Settlement Agreement, Amonix agreed that in the event it defaulted on either the Initial Payment or Second Payment and failed to cure such default within ten (10) calendar days after receipt of written notice of the default from Shape (the "Cure Period"), the Settlement Sum would become immediately due, less any amounts paid as of that date, plus interest and reasonable attorneys' fees spent from the date of default;
WHEREAS, as set forth in the papers filed by Shape, Amonix defaulted on the Second Payment and failed to cure such default within the Cure Period.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment is Case 8:13-cv-00436-DOC-JPR Document 23 Filed 04/29/14 Page 3 of 3 Page ID #:202 entered in favor of Shape and against Amonix on Shape's claim in the amount of $84,000, plus reasonable attorneys' fees spent from the date of default in the amount of $9,300.00.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Judgment.
